Insurance & ERISA Litigation Blog
Department of Labor and Internal Revenue Service Provide Beneficiaries and Administrators Additional Time to Address Matters Related to ERISA and COBRA
COVID-19 has disrupted nearly every facet of life. The insurance industry is no exception. However, unlike some industries, the insurance industry is governed by a statutorily mandated and rigid system…
McKennon Law Group’s Client Wins ERISA Pension Lawsuit
On April 1, 2020, Judge Janet Hall of the District of Connecticut ruled in favor of McKennon Law Group PC’s clients in their ERISA lawsuit against the administrator of their…
Discovery in De Novo Review ERISA Cases: Court Grants Plaintiff’s Request for Bias Discovery Concerning Paper Reviewing Consultants
In ruling on an action to recover ERISA benefits, a court generally considers only the evidence contained in the administrative record. However, in certain circumstances, a plaintiff in an ERISA…
District Court Chastises Aetna for Committing Several ERISA Violations Through Its Denial of Disability Claims
Facing a long-term disability (“LTD”) claim, insurers often attempt to tip the scales against insureds in order to deny legitimate claims for benefits. This imbalance can become especially pronounced where…
Coronavirus: California Insurance Commissioner Orders Policyholder Safeguards
Coronavirus, or COVID-19, has hit California extremely hard. Since the outbreak, there have been many questions from clients regarding what kind of impact the novel coronavirus (COVID-19) will have on…
California Supreme Court to Review the Court of Appeal’s Ruling in McHugh v. Protective Life Insurance
In the October 2019 matter, McHugh v. Protective Life Insurance, 40 Cal.App.5th 1166 (2019) (“McHugh”), the California Court of Appeals ruled that Insurance Code Sections 10113.71 and 10113.72 only apply…
When Can a Disability Claimant Obtain Discovery in an ERISA Suit When the De Novo Review Standard Applies?
When it Goes to the Bias of an Insurer’s Consultants, that’s When a claimant who challenges a denial of disability or life insurance benefits by filing a court action under…
McKennon Law Group PC Wins ERISA Disability Trial against Long-Term Disability Insurer MetLife
On March 24, 2020, after a bench trial in a 46-page opinion, Eastern District of California federal court Judge Troy Nunley ruled in favor of McKennon Law Group PC’s client…
The Basics of an ERISA Life, Health and Disability Insurance Claim – Part Nine: Insurer Reliance on Sub Rosa Surveillance
In this several-part blog series titled The Basics of an ERISA Life, Health and Disability Insurance Claim, we discuss the basics of an ERISA life, health, accidental death and dismemberment…
After McKennon Law Group PC Aggressively Won Case and Filed Attorney’s Fees Motion, District Judge David O. Carter Awards Plaintiff in ERISA Disability Case Nearly $90,000 in Attorneys’ Fees, Costs and Interest
Under the Employee Retirement Income Security Act of 1974 (“ERISA”), an employee who prevails in a lawsuit against his insurance company to collect ERISA-governed plan benefits – including life, health,…
